Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13305 of 2021 Applicant :- Mehtab And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Mathur Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 0300 of 2021, under Sections - 3/5/8 Uttar Pradesh Prevention Cow Slaughter, Act, 1955, Police Station - Syohara, District - Bijnor, during the pendency of trial.
Claim is that in this case, no offence whatsoever has been committed by the applicants. The accusation is not well founded nor any incriminating material exist against the applicants. Only this much of the information is that the applicants too were involved in the commission of offence, though not arrested from the spot and no recovery was effectuated from them. It so happened, as per the first information report, that on information being received by the police, raid was conducted at the house of another co-accused, where recovery of 60 kilograms of beef was made and name of the applicants were spelt by one of the co-accused and it was told that they have absconded. In case, the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail and has submitted that in so far as the the accusation is concerned, there is no reason as to how and why the co-accused, who were caught on the spot and recovery of beef was made would ever spelt name of the applicant and there is no case that the applicants were well known to the S.I., Ganga Ram who lodged the F.I.R. and effectuated recovery from the other co-accused. However, the argument so raised by learned counsel for the applicants may help him, while seeking the regular bail.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, in so far as the merit of the argument is concerned, without delving into the argument, the submission of learned A.G.A. is sustained. The argument extended on behalf of the applicants deserve consideration only when regular bail is moved by them and no anticipatory relief at this stage cannot be admitted to the applicants, for the specific aforesaid reasons.
Consequently, the instant anticipatory bail application is
dismissed.
Nothing has been observed on the merit of the case.
Order Date :- 16.8.2021 S Rawat